State v. Williams
2011 Ohio 2231
Ohio Ct. App.2011Background
- Williams was convicted in Mount Vernon Municipal Court of criminal trespass, a fourth-degree misdemeanor.
- He appealed to the Knox County Court of Appeals challenging the denial of his jury-trial demand.
- Arraignment occurred July 16, 2010; he pled not guilty and a bench trial was scheduled.
- A jury demand was filed September 8, 2010; the court overruled it and denied a continuance.
- Crim.R. 23 requires a timely written jury demand; the trial proceeded to a bench trial after denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury demand was timely. | Williams contends the demand was timely or should be considered regardless of exact timing. | State argues Crim.R. 23 requires a timely written demand, which was not met. | Untimely demand; no error in denial and bench trial affirmed. |
Key Cases Cited
- State v. Burton, 39 Ohio App.3d 151 (Ohio App. 1988) (timing of jury demand balanced against prejudice; not to prejudice the State)
- State v. Scott, 123 Ohio App.3d 331 (Ohio App. 1997) (written jury demand required when notice given; untimely notices may be excused only in limited circumstances)